(PS) Card v. BMW of North America, LLC

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DARNELL CARD, No. 2:20–cv–1213–KJM–KJN (PS) Plaintiff, ORDER DENYING PLAINTIFF’S IFP

REQUEST WITHOUT PREJUDICE

v. (ECF No. 2) BMW OF NORTH AMERICA, LLC,

15 Defendant. 16 Presently pending before the Court is Plaintiff’s motion for leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915 (authorizing the commencement of an action “without prepayment of fees or security” by a person that is unable to pay such fees). (ECF No. 2.) The statute states that “[n]otwithstanding any filing fee, or any portion thereof, that may have been paid, the court shall dismiss the case at any time if the court determines that-- (A) the allegation of poverty is untrue; or (B) the action []-- (i) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune from such relief.” 28 U.S.C. § 1915(e)(2). Here, plaintiff filed an application to proceed in forma pauperis,…